Amicus Brief

Carcano v. McCrory: Amicus Brief

October 2016

The U.S. Court of Appeals for the Fourth Circuit addresses the constitutionality of North Carolina’s House Bill 2, which prohibits transgender people from using restrooms and other facilities consistent with their gender identity in government buildings.

  • Adam P. Romero
    Legal Scholarship & Federal Policy Director, Former

The court addresses whether North Carolina’s House Bill (HB2), which would prohibit transgender people from using restrooms and other sex-segregated facilities that match their gender identity, violates the Equal protection clause.

HB2 discriminates against the 44,000 transgender adults and thousands of transgender youth who live in the state by denying them access to facilities consistent with their gender identity. Denial of access to appropriate facilities has been linked to negative health outcomes, including bladder infections, kidney problems, and feelings of stigmatization.

The brief presents social science data and research to establish that transgender status should be considered a suspect classification for purposes of equal protection analysis under the Constitution. The brief documents a long history of discrimination against transgender people in state and federal law, the justice system, employment, housing, and other vital areas of life. The brief further establishes that being transgender bears no relationship to an individual’s ability to contribute to society, transgender people lack political power, and the transgender population is a discrete minority group. Therefore, all four factors weigh in favor of the court applying heightened scrutiny when reviewing the policy.

Download the amicus brief

Carcano v. McCrory: Amicus Brief